Florida Senate - 2009                                    SB 2328
       
       
       
       By Senator Dean
       
       
       
       
       3-00914E-09                                           20092328__
    1                        A bill to be entitled                      
    2         An act relating to clean energy; creating the Clean
    3         Portfolio Standards Act; providing legislative intent;
    4         defining the term “clean energy”; requiring each
    5         electric utility to ensure that at least 20 percent of
    6         all retail electric sales be derived from clean energy
    7         by a specified date; requiring public utilities to
    8         give priority to entities that produce clean energy in
    9         this state when purchasing electricity; requiring each
   10         electric utility to make a good faith effort to
   11         acquire sufficient clean energy to comply with the
   12         provisions of the act; providing exceptions;
   13         encouraging electric utilities in this state to pursue
   14         the joint-ownership of nuclear power plants;
   15         authorizing the Public Service Commission to adopt
   16         rules to ensure that public utilities produce clean
   17         energy in a fair and impartial manner; authorizing the
   18         Public Service Commission to develop an accreditation
   19         process to ensure that any entities providing clean
   20         energy in this state satisfy the legislative goals of
   21         this act; providing an effective date.
   22  
   23  Be It Enacted by the Legislature of the State of Florida:
   24  
   25         Section 1. (1)This act may be cited as the Clean
   26  Portfolio Standards Act.
   27         (2)(a)The Legislature finds that it is in the public’s
   28  best interest to:
   29         1.Encourage investment in clean energy resources in order
   30  to expand environmentally sustainable methods of generating
   31  electricity.
   32         2.Stimulate the economic growth of this state.
   33         3.Enhance the continued diversification of the fuel
   34  sources for electricity used in the state.
   35         (b)The Legislature further finds and declares that a
   36  program requiring electric utilities to use clean energy is a
   37  way to encourage investments in clean energy resources,
   38  stimulate economic growth within the state, and enhance the
   39  continued diversification of the state's energy resources, while
   40  minimizing the rates paid by consumers.
   41         (3)As used in this section, the term “clean energy” means
   42  demand-side reductions in electrical energy consumption
   43  resulting from a commission approved conservation program,
   44  electrical energy produced or purchased from a method that uses
   45  one or more of the following fuels or energy sources: nuclear
   46  energy, solar energy, geothermal energy, wind energy, ocean
   47  energy, hydroelectric power, and electrical energy produced or
   48  purchased by an electric utility from resources that use biomass
   49  or solid waste and has, at a minimum, net carbon neutral
   50  emissions over the life of the facility.
   51         (4)Each electric utility, as defined in s. 366.02, Florida
   52  Statutes, shall ensure that by the year 2020, and for each year
   53  thereafter, at least 20 percent of all retail electric sales be
   54  derived from clean energy produced in this state.
   55         (5)When a public utility as defined in s. 366.02, Florida
   56  Statutes, must produce or procure clean energy in order to
   57  satisfy the requirements of this section, the public utility
   58  shall use a competitive-procurement process, and may use an
   59  independent third-party administrator, to select the most cost
   60  effective alternative available to meet the capacity and energy
   61  requirements of its consumers, including the repowering or
   62  replacement of existing fossil-fueled facilities. For the
   63  procurement of clean energy, each public utility shall use
   64  sources of clean energy which are not related to or affiliated
   65  with the public utility, except as part of a holding company
   66  with multi-state dispatch. Priority shall be given to clean
   67  energy produced in this state, unless cost prohibitive or
   68  limited by transmission.
   69         (6)Each electric utility shall make a good faith effort to
   70  acquire sufficient clean energy to comply with the provisions of
   71  this section. An electric utility shall be excused from
   72  compliance with any clean portfolio standard based upon a
   73  showing that the collective supply of clean energy is not
   74  adequate to satisfy the requirements of this section, or the
   75  cost of securing clean energy is prohibitive.
   76         (7)In order to further promote the development of nuclear
   77  electrical generation and minimize the financial risk to any one
   78  utility associated with the construction of a nuclear power
   79  plant, electric utilities in this state are encouraged to pursue
   80  the joint-ownership of nuclear power plants. Under such joint
   81  ownership agreements, the costs of siting, preconstruction and
   82  construction shall be shared on a pro-rata basis in proportion
   83  to the capacity and energy received. For the purpose of this
   84  section, the commitment of an electric utility to enter into a
   85  joint-ownership arrangement may be used to comply with the goals
   86  set forth in this section.
   87         (8)The Public Service Commission may adopt rules to ensure
   88  that public utilities produce clean energy in a fair and
   89  impartial manner, consistent with the goals set forth in this
   90  section. The Public Service Commission also may develop an
   91  accreditation process to ensure that any entities providing
   92  clean energy in this state satisfy the goals of this act.
   93         Section 2. This act shall take effect July 1, 2009.